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HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 3214097 (2)City of Fort Collins Date: 11 /14/2014 PURCHASE ORDER Vendor: 102606 4 RIVERS EQUIPMENT LLC 1100 E CHEYENNE RD COLORADO SPRINGS CO 80905 PO Number Page 3214097 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/02/2014 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR, DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Blanket Order addendum Utilities -add 11/7/14 P14 i City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com 1 LOT LS 20,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETA [Ji. Tax exemptions. By so mte the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVE]It. 9STA502, Federal Excise Tax Exemption Cmificace of Registry 84-6000589 is registered with the Colborne of Failure of the Pmcbaver to inset upon strict performance of the temp and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statute 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure as pco ptly =try the Sella in the event of a breach, the acceptance ofor payment for goads brander or approval ofthe design, shot[ not release the Sella of Good Rejected. GOODS REJECTED due to failure to meet spenfratmess, cigar whom shipped or due to defecrs of eery of the warmtia or obligations of this purebase oaler and shall WI be deemed a waiver of my right of thc damage in vomit, may be remmed to you for credit and ere not to be replaced except upon receipt of wOmen purchaser to insist upon strict performance han for any of its right or remedies as to any such goods, rotting ors instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on anlval. hrreof. Final Acceptance. Receipt of the merehandise, sarvices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of FM Collins. However, it is to ha undastond that FMAL Sella and the Purchaser recognize that in acwl aromatic ximlice, overcharges resulting From antitrust ACCEPTANCE is dependent upon completion ofall applicable required impaction praama. violations are in fact home by the Purchaser. Theretofore, fen good muse and as consideration for mounting this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now hay, or hammer Freight Terms. Shipments most be F.O.B., City of Fan Collins, ]Oo Wood SL, Pon Collins, CO 80522, unless acquired under federal or stale antitrust laws for such overcharges missing to the particular good or services otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additlmtal charges for parking will not be accepted. Shipment Distance. Where manufacturers have d¢bibming paints in venoms parts of to country, shipment l expected from the crest disvlbutioo in, to dram atio t, and excess freight will For deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all ..worn, permits, conferees and licenses required by all applicable laws, regulmions, ordinances end roles of the state, municipality, territory Or political subdivision where the work is performed, Or required by any other duly constituted public authority having jurisdiction over the work of vendor Sella mMer agrees to hold the City of To" Collins harmless from and against ell liability and loss incurred by them by reaun of an asserted Or established violation of any such Laws. regWatimss, ordinances, rules and requirements. Authorization. All parties to this contract agree cast the representatives art, in fact. Was fide and possess full and complete nuthoriry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temps and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or inumpo rated herein by reference. Any additional or dlfe ant toms and conditions proposal by seller art objected Ira and hereby acion d. 2. DELIVERY. PLEASE ADVISE PURCHASMG AGENT immediately if you cannot make complete shipment to active on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase orda and the documents munched herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall Operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, an addition m ocher, legal and sintable rmalies, the.,Iian of plcmg this miler elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for damage as a result of delays due to causes Out reasonably foreseeable which ere beyond is reatotvble central and without its fault of negligence. such acts ofGW, so%ofrivil or military authorities, govamnental priorifes, fires, strikes, Bond, midmics, wars m riots provided that notice Of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery, shall be extended for the period equal In the time actually lose by remora ofthe delay. 3. WARRANTY. The Sella wamata Nat dl goods, articles, material and work awmal by this order will to. with applicable dtuwwgs, spaifwtions, samples odor other descriptions give, will be fil for the putpmes intended, and performed with the Itighea degree of care and competence in accordance with accepted sumdards for work of is similar nature. The Seller agree to hold the purchaser hornless from any loss, damage or expense which the Purchaser may stiffer or incur on account of the Sellers breach of wamnry. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of foe as may be rnormal by law or by the coma of my applicable wamnly provided by the Seller after the date of acceptance of the good famished hereunder (acaptaxe tot to be unreasonably delayed), resulting from imperfect or defective work rime or materials fumlhed by the Sella. Acceptance m use of good by the Purchaser shall not common, a waiver of my claim under this warranty. Except as otherwise provided in this parchase made, the Sellers liability hereunder shall extend to all damages pmximavely caused by the breach of any of tor foregoing wamntle or guarantees, but such liability shall in no event include loss Of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal leans by wranen change omen. 5. CHANGES IN COMMERCIAL TERMS. no Purchaser any make any changes to the tears, other than legal tams, including additions Io err elections from the iformOles migin illy omered in the specifications or drawings, by verbal or wrium change order. If any such change aRems the amount due or the time ofperfoanance hereunder, on equitable adjusment shall be made. 6. TERMINATIONS. The Porcbuser may at any time by written change omen, terminate this agreement as to any or all portions of the goods men not shipped, subject to any equitable adjustment Faster the parties as o any work or mmerial then as progress provided tat the Purchrom shall not be liable for my claims far anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damage; and that an such adjustment be made in favor Of the Seller with respect to any Goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from Be date the change or urMmfon is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good me subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby companion herein by this refractor. The Sella agrees to indemnify and hold the puschua Formless from all cons and damages suffered by the Parchase as a result of the Sellers failare to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without roe prior wrinen consent Ofthe other parry. I n. TITLE. The Sella wamess fall, dear and carder rieted title to Be Purchaser fen all equipment, mmerials, and items famlbed in performance of the statement, fare and clear of my and all liens, restrictions, rtsmations, sama7 motion encumbrances and claims of.thers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sella to comet nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Sella thereafter indicates its inability en mwdlingness to comply, she purchaser may mute the work to be performed by the most expeditious mains available to it, and the Sella shall pay all casts associated with such work. The Seller shall relense the Pump ser and its contractors of any tier train all liability and claims of any nmm, resulting from the performance of such work. This release shall apply even in the cent of fault of negligence of the pray ref and and shall extend to dre directors, olTcm and mplay. of such party. The Sellers contractual obligations, including warranty, shall not M damM at be reduced, in any way, because such work is pafomed or named to be perfomal by the Purchaser. 14. PATENTS. Whenever the Sella is required to use my deign, device, material or process covered by Inner, patent, trademark r wEyn ht, the Sella shall indemnify and save boneless the Purchaser hum any and all claims for infringrmcnl by mamn of the more of such patented design, device, material in process in correction with she contract, and shall indemnify the Purchaser for my cast, expense or damage which it may be obliged to pay by remain of such infringement at any time during the prosecution or aver the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to ronstimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at is option, either procure for the Purchaser the right to continue using said equipment or Pans, replace the same with substantially a0i"al but norwdringing ryuipment. or modify it so it becomes rwninfn'nking. . 15. INSOLVENCY. If the Sella shall baomc insolvent or bmdrupt, nuke an assignment for the benefit of caditon, appoint a reaciver or trustee for any of the Sellers property or business, this Omer may forthwith be canmled by $e Purchaser without liability. 16. GOVERNMG LAW. The definitions ofterms used in the interpretation of the agreement and the rights ofall pantie hereunder aball be consumed under and g.,.it by the laws afNe State ofColorado. USA. The following Additional Conditions apply only to cases where the Seller is so perform work hmunda, including the services of Scllers Repreamadivjsk on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry an said work at Scllers own risk until the same is Rally completed van recruited, and shall, in case of any marked, destruction or injury no the work ardlor materials before Sellers final completion and acceptable, complete the work or Sellers own expense and to the satisfaction of Nr Purchaser. When noemns and equipment are famished by others for installation or erection by the Sella, the Sella shall receive, unload, store and handle same at the sate and become responsible therefor ns though such materials mdnor equipment were being famished by the Seller underthe order. 18. INSURANCE. The Sella shall, in his own expense, provide fen the payment of workers care,exuations including wwpational disease benefits, In its employees employed on at in correction with dre work covered by this Fracture, order, and/or to their depeMrnts in accordance with the laws of the cote in which the work is to ha done The Sella shall also cars comprehensive general liability including, but not formal In, conmctuat and smomobile public liability insurance with bodily injury and death limits of at least S)00,001) for my one prison, $500," for my one ccidat and progrny damage limit per accident of S40n". The Seller shall likewise regdre his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his controcors employees shall do any work upon the premises of others, the Seller shall famish tht Purchaser with a cenifrsim that such compnsulimi and insurance have been provided Such artifcates shall specify the date when such compnssmmn and insurance have been provided. Such cenifnmtes shall specify the date when such mmprwfon and insurance expires. The Seller agrees Ilan such compensation and assurance shall be maintained mml and the mire work is mmplened and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or t jury Of any kind or mature whatsrcver to persons or property muted by m resulting from the execution of the work provided for in this mutilator, order in in correction herewith. The Sella will indemnity and hold Formless the Purchour and any or MI of the Purchasers officers, agents and employees hum and original any and all claims, I., damages, charges or expense, whether direct or indirect. and whether to Famous or properly to which the Parchasa may Joe pm or subject by reason of my act, action, neglect, omission or default on the pan of the Sella, my of his contractors, or any of the Sellers or contractors oRcers, agents or employees. In case any suit or Other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by anon of my act, notion, neglect, omission or default of the Seller of any of his contractors or any of its or their oRcers, agents or employees as aforesaid the Sella hereby agrees to assume Nc defense therm( and to defend the same at the Sella own expense, to pay my anal all toners, charge, attorneys fires and other expenses, any and all judgments that may be mourned by or Obmhted agairat the Purchase, m any of its or their officers, agents or employees in such suits or other proceedings, and in rase judgment or other lien ha placed upon or obtained against the property of the Purchaser, or said parties in or as a result march suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond in otherwise. The Seller and his contractors shall sake all safety pmc ntimn, f ish and irtsull all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to ufery including, but without limbaticn, the Occupational Safety and HeaIN Act of 1970 and all ones and regulations Equal pursuant thereto. Revised Wall14